International Trade

  • August 31, 2015

    Syngenta Argues It Owed No Duty Of Care To Corn Plaintiffs

    Syngenta Corp. on Friday once again battled to toss multidistrict litigation alleging it tainted the U.S. corn supply with genetically modified seed, telling a Kansas federal court it should apply the "stranger economic loss rule" because the defendant had no relationship to the thousands of corn-producer plaintiffs.

  • August 31, 2015

    2nd Circ. Solidifies Argentina Bank’s Creditor Shield

    By blocking an attempt by creditors to pin Argentina's failure to pay billions in defaulted debt and judgments on the country's central bank, the Second Circuit on Monday reaffirmed the high hurdle facing bondholders arguing that foreign financial institutions are merely extensions of their government.

  • August 31, 2015

    ITC Changes Info Collection Rules For Antidumping Reviews

    The International Trade Commission is easing the burden on petitioners who wish to initiate antidumping and countervailing duty investigations by requiring less detailed information that might otherwise discourage them from complaining about lost sales and revenues.

  • August 31, 2015

    Australian Trade Minister Slams Opposition To China Pact

    Australian Trade Minister Andrew Robb lashed out Friday at trade union opposition to the China-Australia Free Trade Agreement as "nothing short of economic sabotage," aiming to confront rising political uncertainty amid concern over the pact’s foreign worker and investor-state dispute settlement provisions.

  • August 31, 2015

    Hungarian Telecom Ex-Brass, SEC Trade Blows In FCPA Suit

    The U.S. Securities and Exchange Commission and three former executives at Hungary’s largest telecommunications firm continued to trade barbs Friday in New York federal court over interstate commerce issues, a statute of limitations and the court's jurisdiction in a case accusing the executives of authorizing bribes to Macedonian government officials.

  • August 31, 2015

    EXCLUSIVE: Snyder Says DOJ Won't Back Off Foreign Cartels

    With a pair of appellate rulings endorsing the government's view of the foreign reach of U.S. antitrust law in hand, the U.S. Department of Justice has no plans to change its approach to targeting cartels involving components made and price-fixed abroad, DOJ criminal antitrust chief Brent Snyder told Law360 on Friday.

  • August 31, 2015

    ITC To Investigate Robert Bosch Saws Over Patent Complaint

    The U.S. International Trade Commission has agreed to look into whether German tool manufacturer Robert Bosch GmbH and its American counterpart have violated several of SawStop LLC's patents covering injury prevention technology on certain table saws imported into the U.S., according to a notice published Monday.

  • August 31, 2015

    WTO Dispute Roundup: Case Delays Roiling Members

    In the latest edition of Law360's look at the World Trade Organization's Dispute Settlement Body, concerns about the body's swollen caseload re-emerge, Argentina pushes the U.S. to alter its meat import rules and Indonesia's case against European Union biodiesel tariffs forges ahead.

  • August 31, 2015

    Wal-Mart Can't Hide From Mexican Bribery Suit, 8th Circ. Told

    Wal-Mart Stores Inc. investors slammed the retailer Friday for claiming they haven’t shown that enough board members knew about bribery claims at its Mexican subsidiary to pursue their derivative case, saying they’ve provided enough evidence for the Eighth Circuit to revive their suit.

  • August 31, 2015

    5 Insights From 3M General Counsel Ivan Fong

    Going in-house for the right reasons and for the right company can be one of the most rewarding professional decisions you can make. It also comes with a certain amount of risk, for your career may rise or fall due to business or industry tailwinds or headwinds beyond your control, says Ivan Fong, general counsel for 3M Company and former GC of the U.S. Department of Homeland Security.

  • August 28, 2015

    ITC Won’t Block Nokia Phone Imports In InterDigital IP Row

    The U.S. International Trade Commission determined on Friday that Microsoft Corp. and Nokia Corp. hadn’t infringed two of InterDigital Communications Inc.'s smartphone network connection patents and refused to block Nokia handsets from import and sale in the U.S.

  • August 28, 2015

    First FSMA Final Rules Bring Clarity To Embattled Food Cos.

    The U.S. Food and Drug Administration's preventive control rules on food contamination are the first two major rules under the Food Safety Modernization Act to become final, a key component of the historic reform that attorneys say will bring a measure of clarity to an industry grappling with litigation and lack of regulatory guidance.

  • August 28, 2015

    Traders Assoc. Seeks Rehearing In White Sauce Tariff Suit

    The American Association of Exporters and Importers urged the Federal Circuit Thursday for an en banc rehearing of a case in which the court had earlier deemed that International Custom Products Inc. must pay disputed tariffs of $28 million on white sauce imports before the dispute can actually proceed in court.

  • August 28, 2015

    Dentons Hired By Tribe In Coal Terminal Permit Fight

    A Native American tribe has tapped Dentons to represent it in a fight to stop a coal export terminal from being built in traditional fishing waters, with the tribe mulling litigation should the U.S. Army Corps of Engineers hold off on a request that the project be dumped.

  • August 28, 2015

    Omega Asks High Court To Review Costco Watch IP Row

    Swiss watchmaker Omega SA has urged the U.S. Supreme Court to review a Ninth Circuit decision clearing Costco Wholesale Corp. of copyright infringement allegations for importing unauthorized Omega watches and selling them in the U.S., saying the court should have determined whether it had engaged in copyright misuse.

  • August 28, 2015

    US Tells Fed. Circ. IT Law Change Doesn't Affect Shrimp Row

    The U.S. told the Federal Circuit Thursday a trade law amendment affecting the extent to which the U.S. Department of Commerce must corroborate its application of an "adverse facts available" anti-dumping duty rate can't be applied retroactively to a shrimp tariffs dispute.

  • August 28, 2015

    Auto Parts Co. Says Latham Swayed Judge In Price-Fixing Row

    Jui Li Enterprise Co. Ltd. renewed its bid Thursday to disqualify a Wisconsin federal judge from presiding over litigation accusing it and other auto parts suppliers of price-fixing, arguing its former counsel Latham & Watkins LLP has compromised the judge’s impartiality.

  • August 28, 2015

    TRW Auto Tells ITC It Didn't Infringe Magna's Camera

    General Motors LLC supplier TRW Automotive US LLC urged the U.S. International Trade Commission on Thursday to reaffirm the rejection of fellow supplier’s Magna Electronics Inc. attempt to hold TRW liable for the importation of allegedly patent-infringing driver-assistance cameras.

  • August 28, 2015

    Democrat Opposition To Iran Accord Continues To Mount

    The White House's historic nuclear arms control accord with Iran lost another potential ally on Thursday as Rep. Carolyn B. Maloney, D-N.Y., became the sixth member of the New York delegation to oppose the deal, which faces an increasingly uncertain road to passage through the U.S. Congress.

  • August 27, 2015

    Nestle Cat Food Uses Fish Caught By Slave Labor, Suit Says

    Nestle SA was hit with a proposed class action in California federal court Thursday accusing the company of supporting a system of slave labor by putting ingredients in its Fancy Feast cat food supplied by a Thai seafood company that utilizes “sea slaves.”

Expert Analysis

  • A Rock And A Hard Place: US Discovery And Chinese Law

    Amiad Kushner

    Chinese companies increasingly find themselves embroiled in litigation in U.S. courts, which can pose unique dilemmas, especially in the realms of discovery and jurisdiction, for even the most sophisticated Chinese companies — as illustrated in the recent Southern District of New York decision Vring Inc. v. ZTE Corp., say Amiad Kushner and Jae Zhou at Lowenstein Sandler LLP.

  • Private Equity In Iran: Opportunity Or Pandora's Box?

    Amanda Onions

    Tehran's hotels are said to be full, and foreign investors may be bargain hunting in the region, hoping to cash in on an economy that has been rewarding its predominantly domestic equities investors handsomely. However, none of the sanctions on the country have been lifted yet, says Amanda Onions of Hogan Lovells.

  • Is There 'Credible Information' Of A CTIPs Violation?

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    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • DC Circ. Conflict Minerals Ruling Is Business As Usual

    LaDawn Naegle

    Last week the D.C. Circuit upheld it's previous decision that a portion of the U.S. Securities and Exhange Commission's conflict mineral rule violated the First Amendment. For issuers, it's business as usual since the 2014 decision, with only issuers who voluntarily describe any of their products as "DRC conflict free" being required to provide a third-party audit in 2015, say LaDawn Naegle and Randy Wang at Bryan Cave LLP.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.

  • Global Migration Issues Between Australia And The US

    Naomi Sheridan

    While interest in Australia-U.S expansion is on the increase, especially for tech companies and venture capitalists, immigration issues are making it increasingly difficult to obtain visas in either country, say Naomi Sheridan at Littler Mendelson PC and Valerie Pereira of Dagama Pereira & Associates Pty Ltd.

  • Rift Among US Courts In Enforcing Int'l Arbitration Awards

    James Berger

    Recent decisions in New York and District of Columbia federal courts appear to illustrate a developing rift between the courts over the proper procedure to follow when asked to enforce an International Center for Settlement of Investment Disputes award, say James Berger and Charlene Sun at King & Spalding LLP.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • Revised FCPA Resource Guide Leaves Major Gaps

    Eric W. Sitarchuk

    The 2012 Foreign Corrupt Practices Act resource guide did not address the government’s view of the impact of compliance issues, and the new revised version does not address these issues. The changes are more technical than substantive but offer clarity for some accounting and criminal penalties provisions, say Eric Sitarchuk and Alison Tanchyk of Morgan Lewis & Bockius LLP.

  • How Teva Will Affect Section 337 Investigations

    Charles Sanders

    U.S. International Trade Commission practitioners can look to the Federal Circuit’s application of the Teva “clearly erroneous” standard in appeals from district court cases for guidance as to how the court is likely to address similar issues arising in ITC investigations, say Charles Sanders and Jonathan Auerbach of Goodwin Procter LLP.